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Erbrecht 2026: Wills and Succession in Germany and Austria – A Plain-Language Guide

Germany · Austria · EU

What Is Erbrecht and Why Does It Matter in 2026?

Erbrecht (inheritance law) governs what happens to a person's property after they die. In Germany and Austria, the rules are detailed and often surprising for ordinary people. Many assume they can leave everything to a partner, but the law protects close relatives through forced heirship (Pflichtteil). This guide explains the key rules for 2026, including how to make a valid will (Testament), what happens if you die without one, and how the systems differ between Germany and Austria.

Key Legal Sources

In Germany, inheritance law is in the Bürgerliches Gesetzbuch (BGB), specifically Book 5, sections 1922–2385. In Austria, it is regulated by the Allgemeines Bürgerliches Gesetzbuch (ABGB), sections 531–824, as amended by the Erbrechts-Änderungsgesetz 2015. EU law also matters: the EU Succession Regulation (EU 650/2012) applies to cross-border inheritances within the EU, allowing you to choose the law of your nationality for your entire estate.

Step-by-Step: What You Need to Know About Wills and Succession

1. Dying Without a Will (Intestate Succession)

If you die without a valid will, the law decides who inherits. In Germany, the order is: spouse and children first; if no children, then parents and siblings; then grandparents, and so on. The spouse gets a share that depends on the marriage property regime. In Austria, the rules are similar but with different percentages. For example, in Austria, the surviving spouse inherits one-third if there are children, and two-thirds if there are no children but parents survive.

In both countries, unmarried partners have no automatic right to inherit. This is a common trap for couples who live together but are not married.

2. Making a Valid Will (Testament)

To ensure your wishes are followed, you must make a will. In Germany, a will can be handwritten entirely by you (eigenhändiges Testament) or notarized (notarielles Testament). A handwritten will must be written and signed by you, and it is wise to include the date and place. Witnesses are not required but can help avoid disputes. In Austria, a will can also be handwritten (eigenhändiges Testament) or made before a notary or court (öffentliches Testament). Since 2017, Austria also allows a “testament in emergency” (Nottestament) before three witnesses.

Important: In both countries, a will becomes invalid if you later marry or divorce, unless it explicitly accounts for that.

3. Forced Heirship (Pflichtteil)

Both Germany and Austria protect close family members from being completely disinherited. In Germany, children, spouses, and parents (if no children) are entitled to a forced share (Pflichtteil) of half of what they would have received under intestate succession. In Austria, the forced share is also half, but the group is slightly different: descendants, spouse, and parents (if no descendants). You can disinherit someone only in very limited circumstances, such as if they committed a serious crime against you.

If you try to give everything to a charity or a new partner, the forced heirs can claim their share in cash.

4. Differences Between Germany and Austria

  • Spouse's share: In Germany, the spouse's share depends on the property regime (e.g., community of accrued gains or separation of property). In Austria, the spouse's statutory share is more straightforward: one-third with children, two-thirds without children but with parents.
  • Forced heirship: In Germany, parents are forced heirs only if there are no descendants. In Austria, parents are forced heirs only if there are no descendants, but the rules for disinheritance are slightly stricter.
  • Will formalities: In Germany, a handwritten will does not need witnesses. In Austria, a handwritten will also does not need witnesses, but since 2017, it must be entirely handwritten and signed. Both countries accept notarized wills.
  • Inheritance tax: Tax rates and allowances differ. Germany has higher allowances for spouses (€500,000) and children (€400,000), while Austria has lower allowances (€1,000 for distant relatives) but a different rate structure. Always check current tax law.

5. Cross-Border Inheritance (EU Regulation)

If you live in one EU country but own property in another, the EU Succession Regulation (EU 650/2012) applies. You can choose in your will to apply the law of your nationality to your entire estate. This is especially useful for expats. For example, a German living in Austria can choose German law for their inheritance, which might be simpler for their heirs.

Practical Steps to Take Now

  1. Inventory your assets: List property, bank accounts, investments, and debts. This helps your heirs and the probate court (Nachlassgericht).
  2. Decide on your heirs: Consider who you want to inherit and whether forced heirship applies. If you want to exclude someone, consult a lawyer—it is difficult.
  3. Write your will: Use a handwritten will or visit a notary. Keep the original in a safe place, such as a bank safe deposit box or with the local probate court (Amtsgericht in Germany, Bezirksgericht in Austria).
  4. Inform your heirs: Tell your executor or a trusted person where the will is stored. Otherwise, it may never be found.
  5. Review regularly: Update your will after major life events like marriage, divorce, birth of a child, or moving to another country.

Frequently Asked Questions

Q: Can I disinherit my child completely in Germany or Austria?
A: Almost never. Forced heirship gives children a right to half of their statutory share. You can only disinherit them if they have committed a serious crime against you, such as attempted murder. Otherwise, they can claim the Pflichtteil.

Q: Is a handwritten will valid in Austria in 2026?
A: Yes, as long as it is entirely handwritten and signed by you. It does not need witnesses, but it is wise to date it. Since 2017, the rules are similar to Germany's.

Q: What happens if I die without a will and have no family?
A: In both countries, the state inherits your estate as the last resort (Staat als gesetzlicher Erbe). This is rare, but it happens if no relatives can be found within a certain time.

Q: Do I need a lawyer to make a will?
A: Not legally, but it is strongly recommended if your situation is complex (e.g., blended families, business assets, or cross-border issues). A notary can also draft a will for you.

Q: How does the EU Succession Regulation affect my will?
A: If you live in an EU country (except Denmark and Ireland), you can choose the law of your nationality for your entire estate. This is done by a declaration in your will. It simplifies matters if you own property in multiple EU countries.

Q: Can my spouse and I make a joint will (gemeinschaftliches Testament)?
A: Yes, in both Germany and Austria. In Germany, a joint will is common for married couples and often includes a “Berliner Testament” where the surviving spouse inherits everything first, and then the children. In Austria, joint wills are also valid but less common.

Official Resources

For more detailed information, refer to these official sources:

Need Personalized Help?

Inheritance law is complex and fact-specific. This guide provides general information, not legal advice. For your specific situation, consult a lawyer (Rechtsanwalt) or notary (Notar) in your country. Ask about your specific situation ↘

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